The institution of jurisdiction is a set of rules governing the relevance of cases under the jurisdiction of the courts to the jurisdiction of a specific body for trial in the first instance. For civil disputes, the relevant legal provisions are enshrined in the 3rd chapter of the Code of Civil Procedure.
Tribal jurisdiction
It is also called subject. Generic jurisdiction implies the relevance of trial in a first instance to a court of a certain level of the system. It depends on the nature and subject of the dispute. In some cases, jurisdiction is determined by the subject composition of the disputed relationship (for example, in cases of adoption of minors by foreign citizens).
Types
By tribal jurisdiction distinguish cases attributable to:
- World courts.
- District authorities.
- Armed Forces of the Russian Federation.
- Supreme Republican, Oblast, Territory, Urban, Autonomous Districts (Regions).
Subjective jurisdiction involves the delimitation of the competence of the authorities. In this case, the higher authorities do not have the right to withdraw from the lower ones for consideration. This is due to the fact that, according to the first paragraph of Article 47 of the Constitution, no one should be deprived of the right to have his case examined by that judge and in that instance, to the jurisdiction of which he belongs by virtue of the law.
Territorial jurisdiction
The relevance to the jurisdiction of a particular judicial authority is determined not only by the gender (subject) of the dispute, but also by the territory within which a particular court functions. This feature allows you to establish which of the homogeneous organs a particular dispute is judged.
The general rules for referring cases to jurisdiction in this case are enshrined in Article 28 of the Code of Civil Procedure. In accordance with the established procedure, a claim against a citizen is sent to the court at the place of his residence, and to the organization at the place of its location. Article 28 of the Code of Civil Procedure enshrines the principle of interest: an entity wishing to assert its rights shall submit an application to the court in whose jurisdiction the defendant is located.
Classification of territorial jurisdiction
In the theory of procedural law, the following forms of relevance of cases are distinguished:
- Common.
- Alternative.
- Exceptional.
- Negotiated.
- Jurisdiction in connection with disputed legal relations.
In the 131st article of the Code of Civil Procedure it is said that in the application the plaintiff must indicate the place of residence of the defendant. The court does not establish the place of residence of this party to the dispute, except in cases of its search.
When changing the address, the original jurisdiction does not change.
Alternative jurisdiction
The procedure for its determination is enshrined in Art. 29 Code of Civil Procedure of the Russian Federation. Alternative jurisdiction, which is selected by the plaintiff.
According to Part 1 of Art. 29 Code of Civil Procedure of the Russian Federation, a statement to the defendant, whose address of residence is unknown, may be presented to the authority operating in the territory within which the property of the defendant is located, or at his last place of residence. A similar rule applies when a lawsuit is brought against a person who does not have a place of residence.
In paragraph 2 of Art. 29 Code of Civil Procedure of the Russian Federation established the procedure for determining jurisdiction upon presentation of an application to the organization related to the activities of its representative office / branch. Based on the provisions of the norm, a claim can be directed to the court at the address of the location of the relevant separate unit.
According to the rules enshrined in Part 3 of Art. 29 Code of Civil Procedure of the Russian Federation, jurisdiction in cases related to the recovery of alimony payments and the establishment of paternity is determined. The plaintiff has the right to send an application at his place of residence. This rule also applies if a request is made for divorce if a minor is with the applicant, and also if it is not possible to relocate him to the place of residence / stay of the defendant due to health reasons. This order is enshrined in the 4th paragraph of Art. 29 Code of Civil Procedure of the Russian Federation.
Claims for cases may also be sent to the instance at the place of residence of the plaintiff:
- on the restoration of housing and pension rights;
- return of values or their value;
- compensation for damage incurred by a citizen in connection with his unlawful conviction, application of criminal law to him, placement in custody, unlawful administrative sanction in the form of arrest.
The specified list is fixed in the 6th paragraph of Art. 29 Code of Civil Procedure of the Russian Federation.
Applications for the protection of the subject of personal data, compensation for material and moral damage resulting from a violation of his rights may also be sent to the instance at the place of residence of the plaintiff. The applicant has a similar opportunity when submitting requirements to the search engine operator to stop issuing links through which third parties can access information contained on the Internet. Disputes related to the restoration of labor rights may also be directed by the plaintiff at his place of residence. The indicated rules are fixed in clauses 6.1-6.3 of the 29th article.
Claims related to the protection of consumer rights may be filed at the applicant’s place of residence / stay or conclusion / fulfillment of the contract. This is stated in paragraph 7 of Art. 29 Code of Civil Procedure of the Russian Federation.
Claims for compensation for losses incurred due to a collision of ships, compensation for earnings and other amounts accrued to the crew of the vessel for work on board, repatriation costs, social insurance contributions, as well as recovery of compensation for assistance and rescue measures at sea can be sent to the court at the location or port of registry of the vessel. This rule is enshrined in the 8th paragraph of Art. 29 Code of Civil Procedure of the Russian Federation.
Applications related to violation of the contract, including labor, may be submitted to the authority at the place of its execution, if it is indicated in the text. This procedure is established by paragraph 9 of Art. 29 Code of Civil Procedure of the Russian Federation.
The determination of a specific authority from among those competent to consider the dispute is carried out by the plaintiff.
Exclusive jurisdiction
It involves an accurate determination of the authority in which the case will be dealt with. Categories of disputes to which exclusive jurisdiction applies are enshrined in Article 30 of the Code of Civil Procedure.
Submission of applications in cases listed in the norm to other judicial authorities, with the exception of those specified in the law, is not allowed.
Contractual jurisdiction
It follows from the agreement of the parties. Participants in a disputed legal relationship may change the territorial jurisdiction of the case.
Based on the principle of dispositiveness, the parties are entitled to independently determine the authority by which the dispute is judged. However, the law establishes some restrictions. The parties may only change the general (Article 28) and alternative (Article 29) jurisdiction. Generic, as well as exclusive jurisdiction cannot be changed by agreement of the parties, since they are strictly regulated by law.
Several disputes related
Some disputes have such an objective connection, in which all the stated requirements can be considered in one proceeding. This type of jurisdiction ensures timely and correct consideration of several claims filed by one plaintiff against several defendants in the framework of one case. All requirements in this case have one legal basis. For example, the plaintiff has the opportunity to make claims against the persons who caused him harm together.
The procedure for determining jurisdiction is similar to that provided for in paragraph 10 of Article 29. This means that the plaintiff chooses the instance. The difference from alternative jurisdiction is that the applicant sends the claims to the authority exclusively at the place of residence / location of the defendant.